Types of Custody
There are several different forms of child custody, in Oklahoma. Custody is separated into legal custody and physical custody. Legal custody refers to which parent has the right to make important decisions on behalf of the child. While, physical custody refers to where the child will physically live.
Legal Custody:
· Joint Legal Custody: Allows both parents to make decisions on behalf of their child. This includes decisions about health care, education, religion, etc.
· Sole Legal Custody: Only the court-appointed custodial parent has authority to make important decisions impacting the overall well-being of the parties’ child.
Physical Custody:
· Joint Physical Custody: The child spends a pre-determined amount of time living or staying with each parent throughout the year.
· Sole Physical Custody: The child only lives with one parent. The other parent may have visitation rights, but the child does not live with the non-custodial parent for a substantial amount of time.
Special Custody:
· Split Custody: When a couple has multiple children, and each parent is awarded custody of at least one child, with different visitation schedules for the different children.
· Bird Nesting: The children remain in the same home full-time, and the parents rotate in and out of the home on a schedule. This can be a difficult arrangement, and is much less common than more traditional custody options.
How Child Custody is Decided
In many states, including Oklahoma, the courts use the “Best Interest of the Child” standard to determine custody of your minor children. This is a very broad standard that allows a great deal of interpretation and takes various factors into account.
Some of the factors that are considered are:
The relationship between the child and each parent.
The mental and physical health of each parent, and how any health problems will affect their ability to provide proper care.
The possibility of spousal or child abuse by either parent, including any past actions related to abusive behavior or tendencies.
The criminal history of each parent, and the history of each parent of substance abuse or other potentially harmful behavior.
Each parent’s potential ability to meet the needs of the child, including the parent’s salary, living situation, the stability of their home and job, the safety of their environment, and the parent’s ability to make good decisions on behalf of the child.
The preference of the child, if it is determined appropriate for the case. (in some cases, the court allows some deference to be given to a child aged 12 or older.)
The court still makes the final determination based on what they believe is in the child’s best interest, even if it is contrary to the child’s wishes.
The Custody Order
At the conclusion of a contested custody battle, the court will enter a custody order that binds each parent to the decision. The court’s order will determine legal and physical custody, including a custody plan that outlines when the child will be with each parent. A parent can petition to have their custody arrangement changed by filing a Motion to Modify Custody Order. However, you should know that in Oklahoma court will change a final custody order only when six months have passed and upon showing there is a material change in circumstances that will substantially impact the well-being of the child or children.
When facing a divorce or child custody dispute, it is important to know your options and the laws that apply to your situation. At the Law Office of Cathryn D. Gibbs, PLLC, we hope this information has answered your questions. Call our office today or schedule a consultation online, if you need assistance or representation. We look forward to working with you.
Information you can reference: Oklahoma law requires the court to consider the child or children's physical, mental and moral welfare in determining their best interests: 43 O.S. 109. There are also mandatory considerations involving criminal activity and drug or alcohol abuse. 43 O.S.112.2.
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